(1) Upon fulfillment, either in part or in whole, a preneed licensee may withdraw the amount deposited to trust plus income earned thereon for the merchandise or services which are delivered, when adequate documentation is submitted to the trustee.

Terms Used In Florida Regulations 69K-7.022

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trustee: A person or institution holding and administering property in trust.
    (2) The following documentation shall be satisfactory evidence to show that a preneed contract has been fulfilled:
    (a) Certified copy of a death certificate or;
    (b) Invoice for merchandise which reflects the name of the purchaser or beneficiary and the contract number or;
    (c) Acknowledgement signed by the purchaser or next of kin, acknowledging that merchandise was delivered or services performed or;
    (d) Certification signed by an officer, manager or designee that the merchandise was delivered and/or services are performed or;
    (e) Burial permit or other documentation provided to another governmental agency.
    (3) The preneed licensee shall maintain documentation which supports fulfillment of a particular contract until such records are examined by the department.
Rulemaking Authority 497.103 FS. Law Implemented 497.460, 497.464(7) FS. History-New 4-9-97, Formerly 3F-7.022.